Brookhaven takes aim at short-term house rental violations with new fines

Brookhaven Town will impose fines of up to $6,000 for illegal short-term house rentals starting next year in response to complaints about loud parties and other nuisances that officials said have increased with the proliferation of online rental sites such as Airbnb.

The town board voted 7-0 on Tuesday to establish the fines for house rentals of less than four weeks and to prohibit the separate rentals of property swimming pools.

Brookhaven already had a “transient residential occupancies” law that prohibited house rentals of less than four weeks. But town officials said it didn't specify fines and included only vague language about potential penalties.

The law, which predated the emergence of online rental booking sites, also didn't address separate swimming pool rentals, officials said.

Penalties approved Tuesday for both short-term house rental violations and separate swimming pool rentals include fines ranging from $500 to $4,000 and up to 15 days in jail for a first offense and from $1,000 to $6,000 in fines and up to six months in jail for a second offense.

The revised law also clarifies that it applies to online short-term rental bookings as well as those arranged through newspapers and other means.  

Town officials said Fire Island communities such as Cherry Grove and Davis Park are exempt from the law because the locations primarily consist of rental housing.

Councilman Dan Panico, who will become Brookhaven supervisor next month, said short-term housing rentals are among the biggest complaints from residents. He said many homeowners don't want to “live next door to parties all through the night."

Some residents who spoke in favor of more restrictions at a May public hearing described noisy pool parties with dozens of guests at short-term rentals and one even described hearing gunfire coming from such a property.

But landlords objected to strengthening the law, saying they depend on rental income to pay taxes and daily expenses.

Adam Banks, who runs a company that manages short-term rental units in Bellport, Brookhaven hamlet and East Patchogue, said in an interview Tuesday the law will create a “tremendous hardship” for many landlords, including seniors and people who can't work because of disabilities. He estimated short-term rentals pump $65 million into the town's economy.

“When people book a short-term rental, they’re spending money downtown,” Banks added. “They’re not spending money on the chain stores.”

Airbnb spokesman Haven Thorn said in a statement Wednesday the company is “working with hosts to help them understand the new local rules.”

Panico said the town plans to change the law again next year by limiting short-term house rentals to two weeks instead of four. The town board will hold a public hearing on that measure early next year, he said.  

Panico added that the shorter rental period would put Brookhaven more in line with other Long Island communities that ban rentals of less than two weeks.

Southold, which requires house rentals to be a minimum of two weeks, stiffened fines this summer and banned hourly pool rentals. 

Irwin Izen, a Commack lawyer who represents landlords, said in an interview Wednesday such an additional change wouldn't make any difference. He said the existing law is unconstitutional because the Fire Island exemption violates equal protection laws.

“Long Island is a tourist destination, simple as that,” Izen said Wednesday. “There’s got to be some middle ground here.”

By Carl MacGowan

carl.macgowan@newsday.comCarlMacGowan

Carl MacGowan is a Long Island native who covers Brookhaven Town after having previously covered Smithtown, Suffolk County courts and numerous spot news and feature stories over his 20-plus year career at Newsday.